88R5551 CXP-D
By: Campbell S.B. No. 541
A BILL TO BE ENTITLED
AN ACT
relating to the barring of certain vendors from participation in
certain contracts with the state or a political subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2155.077, Government Code, is amended by
adding Subsection (a-3) to read as follows:
(a-3) The comptroller shall bar a vendor from participating
in state contracts that are subject to this subtitle, including
contracts for which purchasing authority is delegated to a state
agency, if the vendor:
(1) is prohibited from participating in federal
contracts under Section 889, John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232);
(2) contracts with an entity described by Subdivision
(1); or
(3) is designated as a risk to state security by the
governor, with advice from the Homeland Security Council, under
rules adopted by the governor.
SECTION 2. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.909 to read as follows:
Sec. 271.909. BARRING CERTAIN VENDORS FROM PARTICIPATION IN
CONTRACTS. The governing body of a political subdivision by
ordinance, order, or other measure shall bar a vendor from
participating in contracts with the political subdivision if the
vendor:
(1) is prohibited from participating in federal
contracts under Section 889, John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232);
(2) contracts with an entity described by Subdivision
(1); or
(3) is designated as a risk to state security by the
governor, with advice from the Homeland Security Council, under
rules adopted by the governor.
SECTION 3. The changes in law made by this Act apply only to
a contract for which a state agency or political subdivision first
advertises or otherwise solicits offers, bids, proposals,
qualifications, or other applicable expressions of interest on or
after the effective date of this Act. A contract for which a state
agency or political subdivision first advertises or otherwise
solicits offers, bids, proposals, qualifications, or other
applicable expressions of interest before the effective date of
this Act is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2023.